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HomeMy WebLinkAbout03-5723IN THE COURT OF COMMON PLEAS OF THE 39TM JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH Shawn S. Snyder Beth A. Snyder Wolf Builder's Inc. Owner Contractor : MLW 2003 - WAIVER OF LIENS CONTRACT WAIVER RIGHT TO FILE MECHANIC'S CLAIMS WHEREAS, Shawn S. Snyder and Beth A. Snyder, hereinafter called "Owner", and Wolf Builder's Inc., hereinafter called "Contractor", have entered into or intend to enter into a certain Conslruction Contract, wherein the Contractor agrees to furnish, inter alia, all the labor, materials and services necessary or contemplated of the construction/renovations/improvements of Owner's property located in Cumberland County, Pennsylvania, which property is more particularly described in a deed recorded in Cumberland County Deed Book Volume _, Page and being known as 399 (Lot #3A) Meadowbrook Road, Carlisle, PA 17013. WHEREAS, Owner and Contractor have agreed that no mechanic's claim or lien shall be filed by anyone against said structure, addition or property of the Owner, or any part thereof, for any work, labor, materials, or services furnished or supplied in connection with said contract. NOW, THEREFORE, the Contractor, for himself, his subcontractors and materialmen, and for those persons whomsoever acting or claiming through or under the Contractor, them or any of them, intending to be legally bound hereunder, hereby covenants, promises and agrees to and with the Owner, their heirs, fiduciaries and assigns, as follows: No lien of any kind whatsoever shall be filed or maintained by the Contractor, or any subcontractor, materialman, laborer, or any person whomsoever acting or claiming by, through or under the Contractor, them, or any of them, against said structure, addition or property, or the curtilage appurtenant thereto, or may portion thereof, for or on account of any work or labor done or materials or services furnished by the Contractor, them or any of them, in connection with said Contract; and all subcontractors, materialmen and laborers on or in connection with said work shall look to and hold the Contractor solely liable and responsible for all subcontracts, work and labor performed, and materials and services furnished, so that there shall be no legal or valid claim of any kind whatsoever against the Owner or against said structure, addition, property or curtilage for any work done or for any materials or services furnished under said Contract, or under any revision or amendment thereof, or under any supplemental or additional contract for extra work or otherwise. The Contractor, for himself and all subcontractors, materialmen, and laborers, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, from time to time, to appear as attorney for the Contractor, them or any of them, in any of said courts and in the Contractor's, their, and each of their name or names, as the case may be, to mark satisfied of record, at their cost and expense, any and all claims and liens filed by or for the Contractor or any subcontractor, materialman or laborer, against said property or curtilage, or any part thereof, for such act or acts this shall be good and sufficient warrant and authority; and a reference to the court, term and number, in which and where this Contract shall have been filed shall be sufficient evidence of the authority herein contained to warrant such action. Said Contractor, for the Contractor, all subcontractors, materialmen and laborers, and each of them, does rernise, release, quitclaim and forever discharge all rights and all manner of errors, defects and imperfections whatsoever in entering any such satisfaction or satisfactions, or in any way whatsoever touching or concerning the same. 3. This contract shall be and constitute an independent covenant and shall operate and be effective as well with respect to all work and labor done and materials and services furnished under any revision or amendment of said Contract or under any supplemental or additional contract for extra work, although not herein referred to, as to work and labor done and materials and services furnished under the above mentioned Contract. 4. The Contractor hereby warrants that no work or labor, of whatsoever kind or nature, has as yet been done and that no materials or services whatsoever have as yet been furnished by anyone, under, towards or in connection with the execution or performance of said Contract. 5. This waiver shall bind the Contractor and his/its successors and assigns. 1N WITNESS WHEREOF, Owner and Contractor have caused these presents to be executed this ~ ~day of ('~ C'7--O~ ~ 2003. ~Oh~.'~Snyde~-~-~%r ~ &__ OWNER: Beth A. Snyder CONTRACTOR: Wol!~,Builder's Inc.